International Aspects of Intellectual Property Law, Part II
In part 1 of this mini series I covered inter European cases. In this part we´re having a closer look at cases linked to non EU jurisdictions.
Unfortunately, in many international cases related to international property infringement there is no matching international legal framework comparable to Council Regulation (EC) No 44/2001.
The only significant framework here is the Hague Convention on “Choice of Court Agreements” regulating court competence in cases where the parties have (contractually) agreed to chose a certain court. However this convention is not applicable to those instances of intellectual property infringements where there is no contractual relationship between the parties.
To be continued.